Could you be in scope of online age restrictions?
While we don’t yet know exactly what the legislation underpinning age restrictions for online services will be, it looks likely that there will be some form of regulation that will target services, features, and functions referred to in the “Growing up in the online world” consultation.
This means that the following could cause video game companies to be in scope of age restrictions:
Player communications, particularly those that allow strangers to connect
In-game purchases, particularly loot boxes and limited offers
‘Affirmations’ like login streaks, achievements, and other incentives
Processing personal data
It’s important to note that these might not all end up being age-restricted, and that approaches to verification could vary depending on risk level. However, these are all areas that are actively being looked at and there is considerable potential for regulation interventions.
Player communications
Given that the primary focus of age restrictions has been ‘social media’, communications functions are the most obvious target in video games. While not traditional social media, the government consultation has been clear that they intend to look at elements of online services that bear a resemblance to it.
The original version of a ‘social media ban’ would have taken ‘regulated user-to-user services’ (from the Online Safety Act) as its initial scope, with the ability of the government to create modifications or exclusions. The more flexible version that’s more likely to pass instead focuses on ‘internet services’ more broadly. Either way, player chat functions and ways to share content (such as live-streaming and media uploads) are inevitably going to be considered for age restrictions.
The chief difficulty for the games industry is that chat functions in particular are fundamentally different to the type of communications found on traditional social media platforms. While the primary purpose of social media is sharing for its own sake, in-game chat is wholly intended to support the gameplay experience, particularly during team-based games. As such, use cases and risks levels are wildly different.
This is also the case for what the consultation calls ‘stranger pairing’ – where players are matched with other players who they don’t already know. There are specific concerns that video games normalise contact with strangers, which then influences children’s behaviour elsewhere. However, this is another area where the level of risk varies according to the style and limitations of the communication system.
For more information on the relevance of the legislation and consultation to comms functions, see here.
In-game purchases
Age restrictions aren’t just about in-game chat, content sharing, or social value – they could extend beyond user-to-user interaction and into games that until now haven’t had to consider much in the way of regulation. The consultation (and therefore potential regulation) also examines features that have raised concerns about other types of harm, especially ‘addictive’ or compulsive design.
With a lot of concerns around the amount of time kids spend on social media and other online services, there has been considerable thought given to the specific features and functions that may cause them to spend longer online than they intended to. The consultation notes that there are “business models which are dependent on keeping children online for longer,” and particularly calls out “features and functionalities that can allow children to make in-service purchases, such as shops or loot-boxes.” This means that a significant proportion of games, especially in mobile, could be considered for age restrictions of some kind.
There is a risk that regulations built on this principle do not take into account the variety of monetisation models and types of in-game purchases, particularly as there is not necessarily a relationship between time spent in the game and the monetisation model. Risks will also vary according to whether the game uses microtransactions with pressure-selling techniques or the well-established approach of offering significant content as a DLC pack.
For more information on the relevance of the legislation and consultation to in-game purchases, see here.
‘Affirmation’ functions
Continuing with ‘addictive’ and compulsive design, the consultation identifies a broad collection of mechanics under the term ‘affirmation functions’. This is stuff like comments, follower counts, reactions, streaks, achievements, and personalised positive feedback (e.g. “your post is really popular!”). While this is most obviously evident in social media, there is crossover with video games as well.
Achievements, streaks, and positive feedback are intertwined in video game design, covering well-established techniques and features such as:
Daily or time-specific rewards
‘Trophies’ for completing missions, finding Easter eggs, or unlocking endings
‘Trophies’ marking time spent (in total or as a streak)
Comparisons with other players (e.g. rankings)
Comparisons with previous performances (e.g. personal bests)
These are almost ubiquitous in video games, and many (particularly trophies) are well-liked by players as a way to enhance their gameplay experience. In some cases, they are vital to the way the game functions – competitive games wouldn’t be possible without comparing players to each other, which often entails positive feedback.
The use of these types of mechanics in video games is very different to their implementation in social media. It’s therefore important for any regulation in this area to recognise that the context makes a real difference to potential risks.
For more information on the relevance of the legislation and consultation to affirmation functions, see here.
Data processing
The last main way that video games companies might find themselves in scope is if they process personal data, in particular if they rely on consent to do so. This is because the regulations and consultation are considering whether to raise the digital age of consent to 16, on the basis that the realities of data processing are now so complex that it may no longer be reasonable for a 13-year old to understand what they are agreeing to.
For video games, this primarily affects using player data for features like personalised recommendations, in-game advertising, or social functionalities. Companies currently doing this (and relying on consent as the lawful basis) will either need to get parental permission or stop using personal data for under-16s. Going down the route of parental permission could potentially be difficult to manage, particularly as there will need to be a way to verify that it’s legit. In any case, relying on terms of service and self-declaration is no longer an option, given recent ICO action that established the need for more robust age checks in relation to digital consent.
For more information on the relevance of the legislation and consultation to data processing, see here.
What to do next
If you think you could be in scope of the consultation and the potential regulations, it’s important to take stock of your situation and consider what the impacts could be. We’ve put together a tracker page and a lot of information about the risks for certain types of games and features, which should help you get to grips with your position.
Ultimately, the degree to which incoming age restrictions affect the games industry will be down to whether the regulations reflect the differences between online services, particularly when it comes to the divide between video games and social media. That can’t be taken for granted because the video games industry can seem opaque to outsiders, with the risk of being seen as homogenous.
We therefore strongly recommend that companies take the time to respond to the “Growing up in the online world” consultation so that policymakers have the nuanced information they need to make regulations that are feasible and proportionate.
We’re here to help with any aspect of responding, from developing a general approach right through to drafting the whole thing. And if you choose not to use our services, then no worries – we hope that the resources we’ve created will help you do your own thing.